Tag: wage and hour

Can You Scrap the Original Once It’s Scanned?

Yesterday’s Advisor focused on Jacuzzi’s rules for electronic recordkeeping. Today, we’ll get more of his tips and an introduction to BLR’s popular “find-it-before-the-feds-do” FLSA audit program. Jacuzzi is a shareholder in the South San Francisco law firm Simpson, Garrity, Innes & Jacuzzi, P.C. His comments came at a recent audio conference sponsored by BLR®. What […]

Should You Shift to Electronic Recordkeeping? (Hint: You Already Have)

  E-mail Spreadsheets Website E-documents Presentations Voice mail Payroll And just look at what else is potentially keeping an electronic record: Telephone extension detail Computer/network system log-on, log-off times Scantron® security system details Outlook calendars, notes, to-do lists Private files/journals Papers E-mail Microsoft® Word WordPerfect® Excel® PowerPoint® .pdf files Voice Mail Video clips Photographs .wav […]

New Car Wash Operator Gets Soaked by Old Owner’s FLSA Violations

A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment.  The case, People ex rel. Harris v. […]

Report: Fewer FLSA Cases Filed in 2011 than 2010

The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

When Non-Exempts Travel, Comp Gets Confusing

Travel by non-exempts outside the normal area brings two different sets of rules into play. (As we mentioned yesterday, exempt employees are expected to work as and when the job requires.) Special Assignment in a Different Location When an employee who regularly works at a fixed location in one city is given a special one-day […]

Travel Pay—Trickier Than It Should Be

Whether time spent traveling is paid work time depends on the type of travel involved: commuting, day travel, and overnight travel. Travel time that is work time is subject to both the minimum wage and overtime pay requirements of the Fair Labor Standards Act. (Don’t forget to check state laws on travel pay; some states, […]

Compensation Daily Advisor Year in Review

‘I Can’t Live on What You’re Paying Me’ Conversations In a previous Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Wage and Hour Mythbusters Wage and hour should be the easiest job in comp, but there are […]

Is Your Workplace Bulletin Board Up to Date? A Bulletin Board ‘Top 10’

A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool […]

FLSA Claims Continue to Rise

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]